Case Note & Summary
The petitioner, U. Karuppaiah, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a writ of mandamus to direct the respondents (District Collector, Revenue Divisional Officer, and Tahsildar of Ramanathapuram District) to take necessary steps to ensure that the petitioner's community, who belong to scheduled caste, can peacefully conduct poojas and worship without interruption at Arulmigu Sri Palmeli Kudayavar Ayyanar Temple in Vallanthai Village, Kamudhi Taluk. The petitioner had given a representation to the respondents on 30.12.2024, but it was not considered. The Court observed that whenever a representation is made to a statutory authority, there is a duty cast upon them to consider it on its own merits and pass appropriate orders, and non-consideration amounts to dereliction of duty. The Court directed the respondents to consider the petitioner's representation dated 30.12.2024 on its own merits and pass orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within three months from the date of receipt of a copy of the order. The Court clarified that it had not expressed any views on the merits of the matter. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Right to Worship - Article 226 of Constitution of India - Duty of Statutory Authority - The petitioner, a member of scheduled caste, sought a mandamus to direct respondents to consider his representation dated 30.12.2024 for ensuring peaceful worship in Arulmigu Sri Palmeli Kudayavar Ayyanar Temple. The Court held that whenever a representation is made to a statutory authority, there is a duty to consider it on merits and pass orders, and non-consideration amounts to dereliction of duty. The Court directed the respondents to consider the representation within three months without expressing any views on merits. (Paras 4-5)
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation seeking police protection for peaceful worship by scheduled caste community in a temple.
Final Decision
The Court directed the respondents to consider the petitioner's representation dated 30.12.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all interested persons, within three months from the date of receipt of a copy of this order. The writ petition was disposed of with no order as to costs.
Law Points
- Duty of statutory authority to consider representation
- Non-consideration amounts to dereliction of duty
- Article 226 of Constitution of India
